CitizenShip

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 Meaning 

A person owing allegiance and entitled to the protection of a sovereign state. Can enjoy right such as the right to vote and contest elections, civil rights like freedom to speech or belief, and some socio-economic rights which could include the right to employment, minimum wages, or the right to education.

Constitutional provision

Part 2 of the constitution of India article(5-11) deals with the citizenship of India The citizenship act , of 1955 was enacted by the parliament. It provides the acquisition and termination of Indian citizenship and the same act speaks about the citizenship of India.


Act enacted in 1955,1986,1992,2003,2005,2015 and 2019

Constitutional articles of citizenship 

Article 5

  • Should bear in India. 
  • Either of his parents should born in India. 
  • A resident of India for 5 years before the commencement of the Constitution.

Article 6

  • Either his parents or his grandparent should be an Indian citizen.
  • One of the conditions should be full fill- before 19 July 1948(migrated)(Indian resident) or after 19 July 1948(need to be registered before application 6 months). 

Article 7

  • Who migrated to Pakistan from India after 1 march 1947 but returned to India.
  • Resident for India for 6 months prior to the application. 

Article 8 

  • A person whose parents or grandparents were born in undivided India but who is residing outside India shall become a citizen if registered by the diplomatic representation of India (for overseas Indian).

Article 9

  • No person shall be a citizen of India if acquired citizenship of a Foreign State.

Article 10 

  • Citizens of India shall continue to be subject to any law made by parliament.

Article 11 

  • Parliament has the power to make any provision with respect to the acquisition and termination o citizenship and all other matters related to citizenship.
Acquisition of citizenship 

By birth 
26 Jan 1950-1 July 1987 born in India. 
1 July 1987-3 Dec 2004 anyone parents Indian citizen.
3 Dec 2004 both of the parents should belong to India citizen.

By decent 
26   Jan 1950-Dec 1992 born outside India father should be an Indian citizen.
10 Dec 1992 - 3 Dec 2004 born outside India either parent's Indian citizen. 
3 Dec 2004 born outside India but registered with 1 year of the date of birth. 

By registration
  • A person married to a citizen of India+ resident (7 years).
  • Person of Indian origin (resident outside India).
  • Person of Indian origin (resident in India for 7 years).
  • Minor children (<18 years) of the person of Indian origin. 
  • Merson of full age whose parents are registered as citizens of India.

By naturalization
  • He should not be from a country where India is banned to get citizenship in the country. 
  • If he is a citizen of any country he undertakes to renounce the citizenship of that country. 
  • Resided in India or served the government of India for 12 months preceding the date of application. 
  • Good character. 
  • Knowledge of 8 scheduled. 

Incorporation of territory 

If any territory became India then the government of India decide who is the citizen of India  

Loss of citizenship 

Renunciation
 Citizens (India) renounce minor citizen also had but after 18 can get
Termination
 any citizen acquired citizen of another country (automatic)
deprivation 
fraud disloyalty to the constitution 
enemy communicated outside India (7 years ) 

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